Suresh Vishwanath Bhambare v. 1 Vishwanath Sitaram Bhambare (Dead) 2 Popat Vishwanath Bhambare

47-cas1234-16 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1234 OF 2016 IN SECOND APPEAL NO.668 OF 2013 Suresh V. Bhambare & Ors.

...Applicants V/s.

Vishwanath S. Bhambare & Ors.

...Respondents

Ms.A.R.S. Baxi for the Applicants.

Mr.Rameshwar Gite for the Respondent Nos.2 to 5. CORAM : R.D. DHANUKA, J.

DATE : 26TH AUGUST, 2016.

P.C. :- 1.

Learned counsel appearing for the applicants states that the respondent nos.2 to 5 are served. The other respondents had not appeared before this Court when the second appeal was admitted on 18th November, 2014.

2.

By this civil application, the applicants seek restoration of the second appeal, which is dismissed in view of non-compliance of the conditional order passed by this Court on 18th November, 2014. Learned counsel for the applicants states that the paper book is ready and would be filed within one week from today. She submits that a copy of the paper book would be also served upon the 1/2

47-cas1234-16 respondent nos.2 to 5 within one week from today. The statement is accepted.

3.

For the reasons recorded in the civil application, the civil application is made absolute in terms of prayer clauses (a) to (d). 4.

The order dated 18th November, 2014 is recalled. The second appeal is restored to file. In view of the restoration of the second appeal, interim order passed, if any, in the civil application and the second appeal is restored to file.

5.

No order as to costs.

(R.D. DHANUKA, J.) 2/2